captioned by closed captioning services, inc. good morning it is thursday, 4:30 a.m.. feel it, see it, hear it, the rain? >> i thought you were talking about baseball, yes i felt it. >> we did have rain is it still out there? good morning. best radar returns are offshore now near fort ross blue which means maybe a sprinkle or two. you can see rotating away from us. parent low down to our south and still stray showers in the forecast for today. if you get caught under one less than 1/10 of an inch. thunderstorms like yesterday will be further south of the monterey bay.

good morning. light out there now. overnight roadwork, bay bridge no metering lights no delays that hopefully will stay that way. southbound 101 roadwork over the waldo tunnel one lane has you approach the golden gate bridge roadwork north part of the span until 6:00. westbound dumbarton right lanes blocked until 5:00. hayward police will reveal more on dna testing going on now that could potentially solve a case that has baffled the bay area nearly a quarter century. amy hollyfield is live with the latest on the michaela garecht investigation. >> reporter: the victim's family says they've heard from hayward police and the family is feeling confident that this bone belongs to michaela. the 9-year-old disappeared from hayward in 1988. police have told the family the bone they are looking at is that of a girl between 5

and 13. michaela was kidnapped by a man outside a hayward store november 19th, 1988. police have told the family there aren't many girls this bone could belong to. authorities found in a well near stockton. they started digging there when one of the so-called speed freak killers tipped them off they buried bodies there. michaela's mom tells us she has a feeling this bone is michaela's. >> i she had plenty of tears the last -- i thed shed plenty of tears the last few days. i would like to have resolution if michaela died, i want to know that it feels like it might be the answer. >> reporter: wesley shermantine is the one who tipped off investigation. he and loren herzog are us is expected as killing as many as

15 people. they were nicknamed the speed freak killers because of their addiction to meth. herzog killed himself in prison. the bone has been a lab for testing. hayward police are expected to talk publicly about the case today. amy hollyfield, abc7 news. 4:33. vacant building in san francisco's castro district is back in the hands of its owners now it needs $1,000 in repairs after it was taken over by protesters. officers stormed the building last night to end the occupation by a group protesting the city's housing shortage. officers arrested 20 who could face burglary, trespassing and vandalism charges. >> we have tons of vacant buildings like this. we could be housing people. people need housing, people don't need empty buildings. >> i understand their message,

but it is not their property for them to break in and occupy it is illegal and unconstitutional. >> the demonstrators are with a group called homes not jails. it started with a march as part of the world homeless action day. it comes down to today for baseball fans. giants and a's playing deciding game fives in their series each coming back from the brink of elimination. last night crisp knocked in smith with a single to right field. that gave the a's the walk off win over the tigers. a's win 4-3. game five tonight at 6:37 parker faces ver lander. the winner advances to the american league championship series. the giants will try to

complete a comeback of their own. the big story lincecum's revival. with bats coming alive to san francisco avoided elimination 8-3 victory in cincinnati over the reds. the winner of this morning's game five goes to the championship series sandoval there, splash hit. [ unintelligible ] terry mcsweeney will have more. right now following developing news from yemen, a gunman has assassinated chief of security at the u.s. embassy. he was shot in the head while on his way to work. a gunman on a motorcycle opened fire and fled. attack comes as yemen's u.s.-backed government is waging an offensive against al-qaeda in the country.

>> tonight republicans try to retain momentum while democrats try to get things back on track as vice presidential candidates debate. katie marzullo is live with a preview. >> reporter: right now the running mates are in their final hours of prep. democrat biden and republican ryan both described as skilled politicians with strong policy credentials. very different styles. biden has folksy appeals and solid vice presidential portfolio. both say they've been studying. >> frankly, studying up on congressman ryan's position on the issues. >> he's been on this big stage many times so that's new for me i'm studying the issues. i know how he will attack us. >> reporter: this debate follows last week's first

presidential debate in which most agree president obama bombed. the president even admitted to diane sawyer that he had a bad day. can biden save the day or will ryan add to romney's recent boost? you have to decide for yourself. watch the debate live on abc7, starting 6:00 tonight. katie marzullo, abc7 news. ross mirkarimi's as sheriff may not be as secure as he hopes. a san francisco supervisor says she may back a recall effort against him. supervisor kim is one of the four who voted against mirkarimi's removal because the city charter did not clearly spell out terms for removal from office of someone for official misconduct. kim said in an e-mail that her faith in mirkarimi as a person and sheriff has greatly diminished and support a recall effort.

assemblyman hill and some san bruno residents plan to appear before this morning's meeting of the public utilities commission to demand open hearings into dealings with pg&e pg&e. the commission is holding proceedings to determine how much pg&e should be fined for the san bruno pipeline explosion in 2010 and how much rate payers would have to pay to fix the system. those meetings were put on hold monday so a judge could consider a request that pg&e could conduct negotiations behind closed doors. mike was talking lingering showers will they linger until the big game time for the a's? >> who has the answer, mr. nicco. already starting to move and dissipate but still damp, so be prepared. stray shower still possible this afternoon as area of low pressure is spinning to our south. what we are going to go through is pretty much a day of sprinkles end by 7:00, in

the 50s just about everywhere sun will breakthrough the clouds that will destabilize the atmosphere and storms start to build during the afternoon into the evening best chance again down to the south with a stray shower they could pop up anywhere like they did yesterday afternoon and linger overnight. we still have unsettled pattern for tomorrow, sprinkles possible cold front draws towards the coast that will split and head north that's why a chance of the shower in the north bay saturday. warmth and dryness for all of us begins sunday. good morning. so far, so good, a little wetness on the roads slick areas, be careful as you head out golden gate bridge clear, roadwork north part of the span should be picked up by 5:30 this morning right now looking light. macarthur maze from 80, 880 and 580 all clear funneling into the bay bridge toll, no delays there either.

to the san mateo bridge looking good east and west between east bay and peninsula. drive times out of antioch good drive towards pittsburg, very light out of the central valley from tracy up and over the altamont good ride at this hour. 4:40. deal in the works that could close books on one of the largest oil spills in u.s. history. man charged in the colorado theater massacre back in court this morning. he could be facing new charges. caught on surveillance video teacher and teen as approach each other in an alley. what happens next has landed one in police custody. first tech bites: today, ebay makes big changes in time for holiday shopping. online retailer's new look resembles the site pinterest and ebay now provides same-day delivery for items purchased from ebay. 3m teamed up with a company to

create new streaming project the streaming stick provides instant access to video. >> everything from hulu, netflix, disney, amazon, mlb.com and others. you have access to those channels when you are on the go and you can project it on to a wall or flat surface. >> streaming projector retails for $300. german company unveils cheapest e-reader, five inch screen, stores five books at a time3q

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brings light and fragrance together, to create a mesmerizing experience in your home. try the new color changing candle. something in the air wick. . cloudy over the embarcadero center as with we look to the south. i want to show what is going on maybe residual moisture on the ground maybe a little wetness on streets, showers you see here have rotated back offshore. more are possible not only today but tomorrow and for the

north bay saturday that. in a minute. just about 4:44. in a few hours colorado movie theater shooting suspect james holmes is scheduled to be back in court. prosecutors want to add more counts if approved that would be the total number of counts to 166. prosecutors expected to announce if they are ready to move forward with the hearing next month or pushed back. police say he killed 12 and injured 58 after opening fire in an aurora movie theater in july. bp and u.s. justice department are close to day deal that would involve civil and criminal liabilities from the biggest oil spill in u.s. history. the explosion killed 11 and triggered gulf coast spill in 2010. at stake billions in penalties that go to five states most affected.

negotiations have been taking place for months but the two sides have intensified talks in the past two weeks over a possible settlement. 15-year-old teen facing assault charges after he sucker punched a pennsylvania schoolteacher. take a look, surveillance video on the upper right, the teen blind sides the teacher, knocks him down as he backs by the teacher fell to the ground, hitting his head on the curb. the teens all laughed as they walked way. the 50-year-old is expected to fully recover. again, the teen is in police custody. >> not the teen's teacher, just a teacher. >> just a teach are. >> wow. nobel prize for literature, just announced. how this year's winner breaking a four year trend. investigators widen a phroeb into the pharmacy that sold steroid shots contaminated with meningitis. the new trouble the company could face. search for workers still missing in a construction accident. new look at the devastation

and worker rescued from the rubble, coming up. first on katie, what makes us happy? katie examines the myths of happiness today at 3:00, followed by news that house at 4:00. bñ?x1@@ú?

here's a look at live doppler the last three hours rotating showers moved through the bay area all getting quieter now residual moisture waiting for you this morning. 40s fargo minneapolis for highs today 60s to 70s around d.c. and seattle excuse me d.c. and atlanta also seattle and portland if you are traveling today all major airports except newark are on time i expect flight arrival delays here at sfo we'll have them with our flight tracker at abc7news.com at the bottom.

a story we brought you yesterday at midday. no school at miami-dade community college for the rest of the week while florida investigators try to figure out what caused a five story garage under construction to crumble? the accident killed two workers and another missing. tahman bradley has more. >> reporter: tense moments on the campus of miami-dade college. rescuers scrambling to save lives. after a section of a parking garage under construction collapsed, killing two and trapping two others. one man was rescued from underneath a steel beam his face and hands bloody. >> we have another victim in there alive >> reporter: another worker trapped for 12 hours. overnight rescuers used a crane to remove debris and amputated his legs to pull him from under the rubble. 10 were hurt when the roof of the five story concrete garage fell creating a pancake style collapse that flattened

everything underneath. >> i just seen a lot of sphoebl, building shaking everybody ran. >> reporter: the campus was evacuated to give rescuers room to work. no students were in danger. parking garage project costs 22 1/2 million dollars. it was to be finished in december. tahman bradley, abc7 news. breaking news into the newsroom right now. chinese author mo yan just won the nobel prize in literature. committee is praising -- saying emerges folk tales, history and contemporary. european authors won four of the past five awards as with the other nobel prizes the honor is worth 1.2 million dollars. weird connection that could explain why some kristen to dominate the competition for nobel prizes. the people in the country eat more chocolate. chocolate tied to brainpower

scientists say the flavanoids in chocolate the same boosters in green tea and red wine can slow or reversible-related mental decline. researchers evaluated 22 nations, switzerland eats the most chocolate and has the most nobel winners. u.s. in the middle of the back at the bottom of both categories, china, japan and brazil. we have to call mr. mo yan and see if he eats a lot of chocolate. >> put aside the fact that swiss chocolate preceded the nobel prize and the founder was swiss himself. >> maybe the fact they have such good chocolate is the reason why they have so many nobel prize winners. >> what you are saying is i'm eating the wrong chocolate. >> no, i'm saying you should be swiss. >> there is no wrong chocolate, it is all good. any more showers? >> i think we are okay for now. heaviest are over.

good morning. here's a look at embarcadero, ferry building, bay bridge all quiet. let's switch it over to live doppler 7 hd tracking showers while were you sleeping now it shows they are over the ocean water and going to stay floor the most part. damp at least the air is full of moisture -- sprinkle or two possible may see fog over the next couple of hours. most of us in the 50s now, same around the monterey bay. unsettled pattern going to hang around our first headline our second headline is look at how much cooler than average these temperatures are mid to upper 60s south bay. five to 10° cooler than average closer to the 10 than the five. mid 60s up and down the peninsula, upper 50s at the coast today. low 60s downtown south san francisco, sausalito, mid to upper 60s through the north

bay valleys, upper 50s at your beaches, middle 60s throughout the east bay shore. into the east bay valleys upper 60s possibly low 70 around antioch monterey bay low to mid 60s here mid to upper 60s inland. conditions mostly cloudy here for the rest of us around the san francisco bay we are going to have partly sunny conditions less sunshine than yesterday. game five final game elimination game for both teams 6:37 at the coliseum 59 cooler than last night down to 56 maybe as temperatures drop a's will continue to stay hot. tonight 40s north bay, rest of us in the low to mid 50s. couple players on the forecast, first the low pulling away still with that counterclockwise rotation that could reach up and touch a shower or two during the afternoon. air still moists gets sunshine

destabilize atmosphere, shower or two starts to develop into the afternoon right here around the bay area. overnight sprinkle or two possible. friday cold front starts drawing near that could spark another shower as it splits and heads north, a chance of a shower in the north bay saturday sunday, monday, tuesday, wednesday, temperatures could be 80 everywhere from the coast by wednesday. good morning. if you have to be up this early at least the traffic is light especially at the bay bridge no problems into san francisco on the upper deck light through san jose a few headlights north 280 over the 17 overcrossing no problems out of the santa cruz mountains or on 280. accident first reported south 101 at marinwood second lane from left hp en route i'm not seeing significant slow downs yet. here's a look at drive times: 580 towards the altamont

highway 4 westbound out of antioch and east shore freeway just under 20 minutes. quick correction i think a moment ago i said nobel was swiss you know he was swedish, thanks for correcting me on that. check out your favorite morning cereal recalling select brands of kelloggs cereals, frosted and unfrosted mini wheats, concern metal mesh fragments may be in the cereal kelloggs blames a faulty manufacturing part, no injuries reported recall affects boxes but includes some single serving bowls. government of massachusetts accusing the company of the fungal meningitis outbreak of misleading regulators, the pharmacy was supposed to fill specific prescriptions but made big batches and sold them oat of state the new england compounding center made a

steroid used in contaminate injections, a second pharmacy run by the same company has been shut for inspection. new study warns america needs more privacy protections for people who have their genome sequence. it finds your privacy rights vary from state to state in many states it is legal to collect a person's dna without his or her knowledge and have it processed. the results could help predict if a person is susceptible to various diseases the commission recollection -- recollection pants -- new study finds women who want to lose a few pounds do reading at the grocery store. women who read nutrition labels while grocery shopping weigh nine pounds less than women who don't read labels. for men only one pound less. the research found being married and having a college

education increases the likelihood that a person will read nutrition labels. more information, better choices, right? >> it is true. as for husbands, we read the labels, that doesn't mean we won't buy the bad stuff. >> then you ignore the labels. magic moment in oakland. amazing a's pull off a 9th inning rally to stay alive in the playoffs. next, terry mcsweeney is live at the coliseum with the fan frenzy. twist in medical marijuana clinic's fight against the federal government. new ally it has. move in sacramento to get to the bottom of that huge spike in gas prices.